LACP.org
 
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NEWS of the Day - December 4, 2009
on some LACP issues of interest

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NEWS of the Day - December 4, 2009
on some issues of interest to the community policing and neighborhood activist across the country

EDITOR'S NOTE: The following group of articles from local newspapers and other sources constitutes but a small percentage of the information available to the community policing and neighborhood activist public. It is by no means meant to cover every possible issue of interest, nor is it meant to convey any particular point of view ...

We present this simply as a convenience to our readership ...

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From LA Times

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Boat carrying 21 illegal immigrants is seized off La Jolla coast, U.S. officials say

December 3, 2009 |  1:21 pm

 A small boat carrying 21 illegal immigrants tried to flee from federal agents before being stopped Wednesday morning about 14 miles off the La Jolla coast, U.S. Customs and Border Protection officials said today.

The 25-foot boat had been spotted farther up the coast near Leucadia by a U.S. Coast Guard cutter. A Blackhawk helicopter and a Midnight Express Interceptor vessel were dispatched to help track down the skiff-like boat, known as a panga.

The boat's driver was arrested as a suspected smuggler. The other people – 20 men and one woman, all of them Mexican citizens – were turned over to the U.S. Border Patrol.

Smugglers operating from beaches near Baja California's Rosarito Beach frequently subject illegal immigrants to dangerous and arduous journeys by sea. In this case, the suspected smuggler at least provided the immigrants with flotation devices, authorities said.

http://latimesblogs.latimes.com/lanow/

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EDITORIAL

Veterans and gun safety

Legislation to loosen restrictions on buying guns by mentally unstable veterans is misguided.

December 4, 2009

Reasonable people agree that precautions should be taken to keep psychologically impaired individuals from buying guns. In the enduring debate over gun regulation, this has been one area of consensus. That's why it is difficult to fathom legislation proposed by Sen. Richard Burr (R-N.C.) that would make it more difficult to keep guns out of the hands of veterans who have been deemed mentally incompetent by the U.S. Department of Veterans Affairs.

Currently, such veterans fail their federal background checks if they attempt to buy a gun. So Burr wants to add another step to the background check: He proposes that the VA's medical diagnoses be subject to the approval of a judge or magistrate. But that's unnecessary; the VA already offers extensive due process to veterans whose mental capabilities are questioned, and the legal presumption is in favor of their competence. In fact, one reason the gun lobby supported the National Instant Criminal Background Check System improvement act was because it had been amended to protect the ability of veterans who have been successfully treated for post-traumatic stress disorder and other psychological conditions to own guns.

Burr has gotten some traction for the bill by cherry-picking from a long list of factors involved in a determination of mental incompetence, such as an inability to manage personal finances, to make the rules sound unreasonable. But a VA doctor doesn't ask for a veteran's checkbook and then rescind the right to bear arms if the columns don't balance. Even the National Rifle Assn. admits the process is more thoughtful than that. A recent article in the NRA's magazine said that VA records are reported to the National Instant Criminal Background Check System only "if a patient has been adjudicated as a mental defective, a lengthy process that includes opportunities for hearings, appeals, etc."

After the Virginia Tech massacre by a student who had been diagnosed with psychological disorders, the NRA and the Brady Campaign to Prevent Gun Violence worked together on a bill encouraging states to submit records of the dangerously mentally ill (as well as felons, fugitives and others) to the system. The bill also created a process to help veterans get their gun rights reinstated if they'd been improperly taken away.

Adding another layer of bureaucracy to the process is pure political pandering. About 100,000 veterans are currently deemed unfit to have access to guns, and under Burr's bill, they would automatically be removed from the background check system until judicial review. Treating these veterans fairly is important, but making it easier for them to get firearms should be low on everyone's list of priorities.

http://www.latimes.com/news/opinion/la-ed-guns4-2009dec04,0,3290759,print.story

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From the Wall Street Journal

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Controversy Makes Canada a Reluctant Coalition Partner

by PHRED DVORAK

Canada is showing no sign it will join the NATO troop surge in Afghanistan, despite the U.S. push at a NATO meeting this week for allies to support its plan to put more soldiers into the southern part of the country.

One factor looming over the Canadian decision is the high casualty rate at the Canadian mission in Kandahar, where the U.S. plans to focus its efforts. In recent weeks, the Canadian mission's travails also have been pushed into the limelight in parliamentary hearings on the country's Afghanistan efforts.

In mid-November, the former No. 2 diplomat in Afghanistan testified to a parliamentary committee that the Canadian military transferred prisoners it had taken to Afghan intelligence, despite repeated warnings in 2006 and 2007 that they could face torture.

Richard Colvin, currently an intelligence officer stationed in Washington, said top Canadian officials knew there were concerns about widespread abuse in Afghan jails, yet did nothing to protect or monitor Canada's detainees until mid-2007.

Subsequent testimony by former military and diplomatic officials portrayed a Canadian corps overwhelmed by fierce fighting and struggling with insufficient resources. The officials testified in Parliament that they had no concrete evidence that suspects they released to Afghan authorities were tortured -- partly because there was no system in place at the time to check.

"We were in combat operations that were more intense than anything we had undergone since the Korean War," said Canada's former defense chief, retired Gen. Rick Hillier, in parliamentary testimony last week. "My focus during that time was keeping our soldiers -- our young sons and daughters alive."

A monitoring system was developed in May 2007, and the Canadian military halted prisoner handovers for several months from the end of 2007, when monitors warned of possible abuse.

Canadian officials have consistently said they don't intend to send more forces to Afghanistan, or extend the nation's combat mission beyond 2011. As countries from Italy to Britain indicated in recent days they would contribute more troops to Afghanistan, representatives for Canada's defense and foreign affairs ministries say the country isn't planning -- and hasn't yet been asked -- to change its plans.

Foreign Affairs Minister Lawrence Cannon talked about Canada's Afghan mission with NATO Secretary-General Anders Fogh Rasmussen on Thursday in Brussels, but the pair didn't discuss further troop commitments, said a ministry spokeswoman.

Canada has 2,830 troops in Afghanistan, mostly in Kandahar, where it leads the provincial multinational task force, and where fighting with Taliban insurgents has been intense. A total of 133 Canadian soldiers have been killed, one of the highest per capita casualty rates of any Western nation in Afghanistan.

Canada's three opposition parties have called for a public judicial inquiry into the concerns raised by Mr. Colvin. Prime Minister Stephen Harper and other ministers have responded by saying Mr. Colvin isn't credible and declining to release reports he wrote.

http://online.wsj.com/article/SB125989079249075851.html

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From the White House

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The International Day of Persons with Disabilities

posted by Ambassador Susan Rice

December 03, 2009 at 04:33 PM EST

Today is the International Day of Persons with Disabilities, and while the President himself gave his full support in a proclamation , I had the great pleasure and honor of accompanying Stevie Wonder at United Nations Headquarters on the occasion of his appointment as the 11th UN Messenger of Peace.

Stevie Wonder has a vision of a world in which every child can learn in their public school in the manner best for them; in which, upon graduation, they can apply for a job without fear of discrimination, and live and work independently in their communities if that's what they choose.  The United States is pleased to work with the United Nations towards that goal.

Currently 650 million people—10 percent of the world's population—live with a disability.  Discrimination against people with disabilities is not just simply unjust; it hinders economic development, it limits democracy, and corrodes societies.  And it is holds us back from achieving a better, stronger, more equitable world. 

In July of this year, I was deeply honored to be able to sign the UN Convention on the Rights of Persons with Disabilities, the first human rights convention of the 21st century, which urges equal protection and equal benefits under the law for all citizens, which rejects discrimination in all its forms, and calls for the full participation and inclusion in society of all persons with disabilities.

This was an important first step, but great challenges lie ahead.  We have far more work to do.  And we must never lose sight of our vision of a better world.

I look forward to working with Stevie in the months ahead as he carries the message of peace: signed, sealed and delivered.

Susan Rice is the U.S. Ambassador to the United Nations

http://www.whitehouse.gov/blog/2009/12/03/international-day-persons-with-disabilities

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From the Department of Homeland Security

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Readout of Secretary Napolitano's Remarks to the America-Israel Friendship League

Release Date: December 3, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Department of Homeland Security Secretary Janet Napolitano delivered remarks last night at the America-Israel Friendship League's “Partners for Democracy Award Dinner” in New York City underscoring the Department's strong partnerships with Israel and firm commitment to countering terrorism and violent extremism both abroad and within the United States.

In her remarks, Secretary Napolitano discussed the threat posed by home-based terrorism—often in the form of American citizens radicalized abroad or who become adherents to violent, extremist ideologies—as well as global extremism to the security of the American people.

“Home-based terrorism is here. And like violent extremism abroad, it is now part of the threat picture that we must confront,” said Secretary Napolitano.

She detailed the unprecedented coordination that is now taking place between DHS and its federal, state, local and tribal law enforcement partners to combat these threats through information-sharing programs, fusion centers and the Joint Terrorism Task Forces.

Secretary Napolitano also highlighted the Department's ongoing efforts to engage religious, ethnic and cultural groups across the country in an open and constructive dialogue about the importance of protecting civil rights and civil liberties and the role of communities and individuals in identifying suspicious situations—reiterating the shared responsibility of all Americans to report suspicious activities to law enforcement and take basic steps to prepare for emergencies.

For more information, visit www.dhs.gov .

http://www.dhs.gov/ynews/releases/pr_1259860196559.shtm

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From the Department of Justice

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The Violence Against Women Act:
Commemorating 15 Years of Working Together to End Violence
 
 

from OVW Acting Director Catherine Pierce

As we commemorate the 15th Anniversary of the Violence Against Women Act, there is no better time to renew our commitment to ending gender-based violence right here in the United States and there is no better time to strengthen our partnerships.

Without a doubt, VAWA would never have happened without the steadfast commitment and work of the countless advocates, coalitions and community partners who worked tirelessly for federal legislation to mark the importance of the issue and provide vital resources. In the past 15 years, countless lives have been saved, the voices of survivors have been heard, families have been protected, and the criminal justice community has been trained on the complex responses to domestic violence, sexual assault, dating violence and stalking.

Please join the Department of Justice and the Office on Violence Against Women in commemorating 15 years of working together to end violence.

   

 
About the Violence Against Women Act
 


In 1994, the U.S. Congress enacted the Violence Against Women Act (VAWA), a comprehensive legislative package focused on violence against women. VAWA recognized the devastating consequences that violence has on women, families, and society as a whole. VAWA also acknowledged that violence against women requires specialized responses to address unique barriers that prevent victims from seeking assistance from the justice system.

The Violence Against Women Act of 2000 (VAWA 2000), enacted on October 28, 2000, improved legal tools and programs addressing domestic violence, sexual assault, and stalking. VAWA 2000 reauthorized critical grant programs created by the original VAWA and subsequent legislation, established new programs, and strengthened federal laws. Among other changes and improvements, VAWA 2000 emphasized assisting immigrant victims, elderly victims, victims with disabilities, and victims of dating violence.

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), enacted on January 5, 2006, further improved legal tools and grant programs addressing domestic violence, dating violence, sexual assault, and stalking. VAWA 2005 reauthorized critical grant programs created by the original VAWA and subsequent legislation, established new programs, and strengthened federal laws. Of particular note, the statute directed new resources to help victims of sexual assault, Indian women and youth victims.

For full versions of the Violence Against Women Act, please visit OVW's page on federal legislation and resources: http://www.ovw.usdoj.gov/regulations.htm

http://www.ovw.usdoj.gov/vawa15.htm

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Addressing Mental Illness in the Criminal Justice System

December 1st, 2009

posted by Tracy Russo

According to a report from the Council of State Governments Justice Center, funded in part by the Office of Justice Programs' (OJP) National Institute of Justice (NIJ), 16.9 percent of the adults in a sample of local jails had a serious mental illness. That's three to six times the rate of the general population. And while the serious mental illness rate was 14 percent for men, it was 31 percent for women. If these rates were applied to 13 million jail admissions reported in 2007, the study findings suggest that more than two million bookings of a person with a serious mental illness occur every year .

Many offenders with mental illnesses don't receive treatment during incarceration. Without treatment, conditions can worsen. Offenders can become a greater threat to themselves and to others when they leave jail or prison. This is not only a disservice to the offenders and their families; it is a threat to public safety.

Mental health cases remain a challenge within the criminal justice system. A recent article by The Associated Press highlighted the tax mental health cases place on law enforcement and emergency workers. A local police chief was quoted saying, “Because they're [mental health patients] completely falling through the cracks,” he said. “They're not cracks, they're chasms.”

At the Justice Department, we see those chasms and are working to address this problem. The OJP Bureau of Justice Assistance (BJA) administers the Justice and Mental Health Collaboration Program (JMHCP). This initiative helps states, tribes and units of local government design and implement collaborative efforts between criminal justice and mental health systems. The program's goal is to improve access to effective treatment for people with mental illnesses involved with the justice system. This contact can be through arrest, court appearances, community based supervision, incarceration or in the community following incarceration.

Many law enforcement officials across the country are partnering with local mental health advocates and mental health service providers. Together, they develop strategies to make it easier for law enforcement to connect people with mental illnesses to much needed services. This helps to minimize the likelihood that they will just cycle through the system again. These programs, often referred to as Crisis Intervention Teams or Co-Responder Models, are eligible to receive funding under the JMHCP. Five jurisdictions have used BJA funds to start or enhance law enforcement response programs for people with mental illness.

In addition, BJA has partnered with the Council of State Governments Justice Center on a number of publications that address law enforcement response to individuals with mental illnesses. These include Essential Elements of Specialized Law Enforcement-Based Programs and Strategies for Effective Law Enforcement Training .

OJP and other Justice Department components have also launched collaborative projects with the Department of Health and Human Services to find better ways to help state and local governments improve the response to people with mental illness involved in the criminal justice system. BJA joined with the National Institute of Corrections (NIC) and the Substance Abuse and Mental Health Services Administration to provide technical assistance to states to build on existing efforts and replicate them statewide.

These partners worked with the Council of State Governments Justice Center and the GAINS Center to sponsor a national conference in 2009, “ Smart Responses in Tough Times: Achieving Better Outcomes for People with Mental Illness Involved in the Justice System .” Over 450 people attended the conference, including many representatives from our JMHCP grantees and applicants. Together, conference attendees discussed how to address homeless populations, identify those in need of specialized responses, prioritize populations with co-occurring disorders, use data to identify a target population, and implement sustainable initiatives. Highlights from the conference along with materials and videos of selected plenary sessions can be found, here .

The Department of Justice's commitment to addressing mental health within the criminal justice system will continue. In 2009, OJP awarded 43 JMHCP grants totaling more than $8 million. Additional funding to support training and technical assistance efforts was also awarded. Also, many of the grants awarded under the Second Chance Act Offender Reentry Initiative are supporting mental health treatment as part of comprehensive reentry efforts. We will continue to work with our partners to explore new ways to help states and local communities improve mental health services for people in the criminal justice system.

http://blogs.usdoj.gov/blog/archives/431

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From the DEA

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New York State's Organized Crime Task Force Cuts Off Bronx-to-Upstate Cocaine Pipeline

‘Operation Re-Sale' Leads to Indictment of 21;
Seizure of Cocaine and Cash Investigation Part of AG Cuomo's Upstate Guns, Gangs, and Drugs Initiative

DEC 03 -- SYRACUSE, N.Y. (December 3, 2009) – JOHN P. GILBRIDE, Special Agent-in-Charge of the Drug Enforcement Administration's New York Field Division (“DEA”) and Attorney General Andrew M. Cuomo today announced narcotics trafficking and other charges have been filed against 21 individuals accused of taking part in a drug distribution network that was funneling cocaine from the Bronx to Rochester and was then re-sold in Cayuga, Ontario, Seneca, and Monroe Counties and elsewhere in New York.

According to court records, an investigation by the Attorney General's Organized Task Force (OCTF) and the Finger Lakes Drugs Task Force dubbed, “Operation Re-Sale,” led to the seizure of more than a kilogram of cocaine with an estimated street value of $56,000 and approximately $40,000 cash, most of which was found in a secret compartment built into a Dodge Nitro operated by defendant Hamlet Florencio-Peralta.

DEA Special Agent in Charge John P. Gilbride stated, “This is a drug pipeline from New York City to upstate New York that has been shut down. Law enforcement has been vigilant in identifying drug suppliers and distributors who reap a profit while polluting our communities with poison. This was a collaborative effort and I would like to thank all participating agencies.”

“The breakup of this drug ring is an example of how when law enforcement entities work together, we can make our communities safer and stronger,” said Attorney General Cuomo. “The Upstate Guns, Gangs and Drugs Initiative has led to a coordinated response that sends a clear message that we will not tolerate dangerous drug dealers in our region.”

Cayuga County District Attorney Jon Budelmann said, “I am proud to be a part of this roundup, as it cuts off a highly organized source of cocaine that migrated from New York City into our neighborhoods. Attorney General Cuomo's ongoing pursuit against guns, gangs and drugs in upstate communities is to be commended and I thank him and his office for coordinating today's actions.”

Monroe County District Attorney Michael Green said, “It is always a good thing when multiple law enforcement agencies pool resources to remove bad guys from our streets. Attorney General Cuomo's Organized Crime Task Force excels at managing such an operation, and I am proud to be a part of this bust, which removes thousands of dollars in dangerous drugs from our streets.”

According to the indictment, a substantial amount of cocaine was delivered from sources in the Bronx to Rochester then to re-sellers who would distribute it in Cayuga, Ontario, Seneca, and Monroe Counties. Wiretap evidence included in the indictment shows that the defendants would discuss their drug transactions in a cryptic and coded manner in the hope of avoiding detection. For example, when using cellular telephones the defendants allegedly would use phrases such as “tubes”, “caulk”, “silicone”, “limestone”, “putty”, “ticket(s)”, “sausages”, “guy(s) to work”, “broad(s)” to refer to cocaine and/or crack cocaine.

The112 count indictment unsealed in Cayuga County Supreme Court today charges 21 people with crimes including various Criminal Sale and Criminal Possession of a Controlled Substance (class A,B,C,Dfelonies) and Conspiracy in the second degree (class B felony).

The indictment is the culmination of a major investigation led by Attorney General Cuomo's OCTF and is part of his ongoing efforts to combat narcotic trafficking and other crimes through his Upstate Guns, Gangs, and Drugs Initiative.

Since its inception in 2007, the Attorney General's Upstate Guns, Gangs, and Drugs Initiative has conducted a variety of operations in cooperation with local, state, and federal authorities, resulting in charges against more than 420 defendants and the seizures of over $3.4 million in drugs and cash, as well as dozens of guns.

Numerous other agencies assisted in the investigation including: Drug Enforcement Administration in New York City and Syracuse, New York State Police Community Narcotics Enforcement Team, New York National Guard Counter Drug Task Force, Cayuga County Sheriff, Greater Rochester Area Narcotics Enforcement Team, and the Auburn Police Department. Attorney General Cuomo thanked and commended these agencies.

Those charged in the Cayuga County indictment are:

· Bruce Adams, 54, of Auburn
· Vladimir Arias, 32, of Rochester
· Russell Brisson, 30, of Murray
· Jeffrey Compo, 48, of Seneca Falls
· Thomas Coomber, 45, of Auburn
· Jason Ellis, 29, of Rochester
· Wilfredo Figueroa, 31, of Rochester
· Hamlet Florencio-Peralta, 36, of Yonkers
· Mark Fuhry, 23, of Rochester
· Matthew Fuhry, 28, of Rochester
· Alexander Goris, 37, of Bronx
· Joshua Groat, 25, of Rochester
· Lance Gummerson, 54, of Auburn
· Douglas Hadcock, 38, of Weedsport
· Daniel Kotyk, 57, of Seneca Falls
· Thomas Lipiska, 54, of Auburn
· Felipe Mercedes, 52, of Bronx and Ellenville
· Richard Schram, 45, of Auburn
· Richard Sliski, 55, of Seneca Falls
· Timothy Smith, 51, of Auburn
· Brigido Torres-Feliciano, 33, of Bronx, Paterson NJ, and Campbell OH

The case is being prosecuted by OCTF Assistant Deputy Attorney General Maria Moran under the supervision of Executive Deputy Attorney General for Criminal Justice Robin L. Baker, and OCTF First Assistant Deputy Attorney General Peri Alyse Kadanoff. The investigation was handled by Supervising Investigator Ronald Vincent operating under the supervision of Chief Thomas Mullen and Sergeant Roger Anthony of the Finger Lakes Drug Task Force.

The charges against the defendants are merely accusations and the defendants are presumed innocent until and unless proven guilty.

http://www.justice.gov/dea/pubs/states/newsrel/2009/nyc120309.html


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